The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings.
Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original jurisdiction whether to grant a stay. That jurisdiction must be used sparingly. The court must balance any prejudice to the defendant against any public interest in the need to complete the disciplinary proceedings, and in assessing this the court will listen to the disciplinary body. Each case turns on its facts.
Judges:
Dyson J
Citations:
(1996) (New Law Transcript 296069202)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Panel on Takeovers and Mergers ex parte Guinness Plc CA 1989
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the . .
Cited – Regina v Chance, ex parte Smith QBD 1995
The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome of civil litigation over a related matter.
Held: ‘ . . as Parliament has entrusted the initial valuation of the case against the applicants to . .
Cited – Regina v Panel on Take-overs and Mergers, ex parte Fayed CA 1992
This was a renewed application for leave to apply for judicial review of decisions of the Panel not to adjourn its disciplinary proceedings against Mr Fayed. . .
Cited – Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others CA 12-Jan-1994
The Bank’s liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly. . .
Cited by:
Adopted – Land and others v the Executive Counsel of the Joint Disciplinary Scheme QBD 15-Oct-2002
The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 24 July 2022; Ref: scu.198152